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MATTER OF HOUSE 93, LLC v. LIPTON

10592. 161159/18.

178 A.D.3d 545 (2019)

112 N.Y.S.3d 483

2019 NY Slip Op 08972

In the Matter of House 93, LLC, Respondent-Appellant, v. Heidi Lipton, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 17, 2019.

Attorney(s) appearing for the Case

The Law Office of Robert Moore, PLLC, New York ( Robert Moore of counsel), for appellant-respondent.

Valiotis & Novella PLLC, Long Island City ( Anthony J. Novella and William J. Alesi of counsel), for respondent-appellant.

Concur—Gische, J.P., Mazzarelli, Singh, Moulton, JJ.

In weighing the interests of the parties, we find that, under these circumstances, issuing petitioner a 60-day license to access a small portion of respondent's property to commence immediately is reasonable and that the inconvenience respondent may face is slight compared to the hardship if the license is refused (see Matter of Board of Mgrs. of Artisan Lofts Condominium v Moskowitz, 114 A.D.3d 491, 492 [1st Dept 2014]). Contrary...

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